HomeMy WebLinkAboutCC Resolution 8021 (503 Bret Harte Rd)RESOLUTION NO.8021
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
GRANTING AN EXCEPTION TO ALLOW
A SECOND DWELLING UNIT WHICH EXCEEDS 40%
OF THE SIZE OF THE MAIN DWELLING UNIT
(503 Bret Harte Road)
WHEREAS, Section 14.16.025a.(6) allows for granting
of exceptions to the size restrictions for second dwelling
units by the City Council; and
WHEREAS, a request for an exception to allow a second
dwelling unit equaling 44% of the size of the main unit was
submitted in conjunction with UP87-81 for property located
at 503 Bret Harte Road; and
WHEREAS, the San Rafael Planning Commission reviewed
and approved UP87-81 on July 25, 1989, and unanimously recommended
that the City Council grant an exception to allow the second
dwelling unit size to exceed 4070 of the main dwelling unit;
and
WHEREAS, the City Council reviewed all elements of
the exception request at a duly advertised public meeting on
August 21, 1989.
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby grants an exception to allow the second dwelling unit
size to exceed 40% of the main dwelling unit based on findings
as follows:
(1) The proposed second dwelling unit is consistent with
the General Plan land use designation of low density
residential, typical of developed single family residential
areas, and subdivision of the property to allow additional
units on the subject site would not be consistent
with the Zoning Ordinance.
(2) The establishment of the unit will not, under the
circumstances, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons
in the neighborhood or to the general welfare of
the City. The proposed use, as modified by the conditions
of approval, is incidental to the primary residence
and provides all required on-site parking. The project
is consistent with applicable sections of the second
dwelling unit.
Exception
(3) There are exceptional circumstances which apply to
the subject parcel in that the proposed second unit
would be in a converted existing lower level floor
area, constructed prior to the second dwelling unit
ordinance. In addition, it is not practical or necessary
to convert a portion of lower floor to main unit
to meet the intent of the second unit ordinance.
ORIGINAL Soar
RESOLUTION NO. 8021
(4) Strict interpretation of the second dwelling unit
ordinance square footage limitations would create
a substantial hardship for the property owner in
that significant interior and exterior modifications
would be required to reduce the unit size to 400
of the main dwelling unit.
(5) Granting the exception request would not adversely
affect the health and safety of persons in the area
and will not be detrimental to the public welfare
or injurious to the property in that the lower level
of the residence and the living unit have existed
for approximately 23 years and the structure is not
being enlarged.
BE IT FURTHER RESOLVED that UP87-81 is approved with
the conditions listed in Exhibit A which is attached and made
a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council
of said City on Monday , the 21st day of August ,
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
O
JEA �M. LEONCINI, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL:
Fire Dept.
(a) A fire hydrant, type Jones 3740, shall be installed within 150 ft. from the
structure, spotted by Fire Marshal and capable of supplying required fire
flow.
(b) Due to wildland fire hazard area, a fire retardant roof covering is
required.
(c) In lieu of (a), above, an automatic residential fire sprinkler system shall
be installed conforming to NFPA Standard No. 13D and the nearest fire
hydrant designated by the Fire Marshal shall be upgraded to a Jones 3740.
(d) UL/SFM smoke detectors required per UBC Chpt. 12.
(e) Post address to conform to Fire Dept. Std. 205.
Planning Department
(f) This use permit is granted for a 760 sq. ft. second dwelling unit to include
one bedroom, living room, kitchen and bathroom, as shown in the plans of
file in the Planning Department.
(g) The second unit may be leased or rented but not sold or subdivided for the
purpose of individual sale of the units.
(h) Either the second unit or the primary unit must be owner occupied unless an
exception is granted pursuant to San Rafael Zoning Ordinance.
(i) Within 14 days of City Council approval, a site plan showing a 9' X 19'
parking stall, as depicted by page 2 of Planning Commission Staff Report
exhibit dated July 25, 1989, shall be submitted to the Planning Department
for approval. Construction of the parking area shall be completed within 60
days of City Council approval. Failure to complete the work will result in
the revocation of use permit and abatement of the unit.
(j) Within 30 days of the completion of the parking area, the findings and
conditions of this use permit shall be recorded with the County of Marin so
that subsequent owners of the property will have knowledge of the terms
under which the second dwelling unit may legally be occupied. The applicant
shall provide written proof of the recordation to the Planning Department by
November 1, 1989. Failure to do so will cause revocation of this approval
and may lead to the abatement of the second unit.
(k) This use permit is approved for one year, or until July 25, 1990, and shall
become null and void if a building permit is not issued.